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Weapons · R.C. 2923.13

Ohio Weapons Under Disability Defense

This is the weapons charge that bites hardest: a third-degree felony for possessing a firearm while legally prohibited — usually because of a prior felony, a drug offense, or a pending indictment. Possession and the search are the battlegrounds.

Ohio Revised Code · R.C. 2923.13

R.C. 2923.13 makes it a third-degree felony to knowingly acquire, carry, or use a firearm or dangerous ordnance while under a legal “disability” — for example, while under indictment for or convicted of a felony of violence or a felony drug offense, or while drug- or alcohol-dependent. It frequently accompanies drug and other charges, and a related firearm specification can add mandatory time elsewhere.

The State must prove both that you were under a qualifying disability and that you knowingly possessed the weapon. Constructive-possession disputes (a gun in a shared home or car) and unlawful searches are the most common — and most effective — defenses.

How Ohio Classifies & Punishes Having Weapons While Under Disability

Classification & penalty range
CircumstanceClassificationExposure
Having weapons while under disabilityFelony 39–36 months prison
With certain prior/aggravating circumstancesFelony 3Higher minimum; possible consecutive time
Penalty ranges on this page describe the general Ohio framework and can change with the facts (priors, enhancements, specifications) and with amendments to the Revised Code. This is general information, not legal advice. For the consequences in your specific case, call (740) 532-8744.

How We Defend Having Weapons While Under Disability Charges

An arrest is an accusation, not a verdict. Our defense of a having weapons while under disability charge begins with the questions the State would rather not answer:

  • Whether you knowingly possessed the firearm (constructive-possession disputes).
  • Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
  • Whether a qualifying legal disability actually existed at the time.
  • Whether the police had a lawful basis for the stop, the detention, or the encounter that led to the charge.
  • Whether the item qualifies as a firearm/dangerous ordnance as charged.

We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to having weapons while under disability cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.

Having Weapons While Under Disability — Common Questions

What is a 'disability' for this charge?

It's a legal status that prohibits firearm possession — such as being under indictment for or convicted of a felony of violence or a felony drug offense, or being drug- or alcohol-dependent. The State must prove the qualifying disability existed when you possessed the weapon.

Can I fight it if the gun wasn't mine?

Yes. The charge requires knowing possession. If the firearm was in a shared space and not actually under your control, the constructive-possession element is contestable — and an unlawful search can suppress the weapon entirely.

How serious is weapons under disability?

It's a third-degree felony carrying 9–36 months in prison, and it often travels with drug charges. Early work on the search and on possession is essential.

Talk to a Weapons Offenses Defense Attorney Today

If you or someone you love is facing a having weapons while under disability charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.

Free, Confidential Consultation. Same-Day Response. Two Offices.

An arrest is not a conviction. The sooner an attorney is reviewing the stop, the search, and the State’s evidence, the more options you have. Call now or request a free case review — there is no cost and no obligation.

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